Legal Opinion

Mutual Life Ins. v. McCulloch

District Court, S.D. West Virginia

Decided September 27, 1939No. 14Published

1Opinion of the Court

McCLINTIC, District Judge.

This is a civil action to establish primarily, by injunctive procedure, the right of plaintiff to an autopsy upon the body of John H. McCulloch. While other and additional relief is sought, this hearing was limited to and involved only the matter of injunctive relief.

Under date of June 13, 1928, plaintiff issued to John H. McCulloch two policies of life insurance in the face amounts of $30,000 and $20,000, with his wife, Effie L. McCulloch, as principal beneficiary thereunder and his two children as contingent beneficiaries. Both policies contained a “double…

2Cases cited8 opinions

  1. Wehle v. United States Mutual Accident Ass'nNew York Court of Appeals · 1897
  2. Johnson v. Bankers Mutual Casualty InsuranceSupreme Court of Minnesota · 1915
  3. Standard Acc. Ins. Co. v. RossiCourt of Appeals for the Eighth Circuit · 1929
  4. Painter v. United States Fidelity & Guaranty Co.Court of Appeals of Maryland · 1914
  5. GENERAL ACC. FIRE & LIFE ASSUR. CORPORATION v. SavageCourt of Appeals for the Eighth Circuit · 1929

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